Sec. 0.2. As used in this section, “locality newspaper” means a publication that meets all the following requirements:

(1) Is regularly issued at least one (1) time per week.

Terms Used In Indiana Code 5-3-1-0.2

  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • newspaper: refers to a newspaper:

    Indiana Code 5-3-1-0.4

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) Contains in each issue news of general or community interest, community notices, or editorial commentary by different authors.

(3) Has, in more than one-half (1/2) of its issues published during the previous twelve (12) month period, not more than seventy-five percent (75%) advertising content.

(4) Has been published continuously for at least three (3) years.

(5) Has the capability to add subscribers to its distribution list and must add any person:

(A) who requests to be added as a new subscriber; and

(B) whose mailing address is within the political subdivision in which the locality newspaper generally circulates.

(6) Is a publication of general circulation in the political subdivision that is responsible for the publication of notice.

(7) Is circulated by United States mail, free of charge, to addresses that are located within the political subdivision responsible for the publication of notice.

(8) Has its circulation verified by an annual independent audit of the publication.

(9) Contains advertisements from numerous unrelated advertisers in each issue.

(10) Is not owned by, or under the control of, the owners or lessees of a shopping center, a merchant’s association, or a business that sells property or services (other than advertising) whose advertisements for their sales of property or services constitute the predominant advertising in the publication.

(11) Has continuity as to title and general nature of content from issue to issue.

(12) Does not constitute a book, either singly or when successive issues are combined.

(13) Has a known office location in the county in which the locality newspaper is published.

As added by P.L.147-2016, SEC.1.